Himachal Pradesh High Court
Dilbar Singh vs State Of Himachal Pradesh on 15 March, 2019
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
.
Cr.M.P(M) No. 180 of 2019
Decided on : 15.3.2019
Dilbar Singh ...Petitioner.
Versus
State of Himachal Pradesh ....Respondent.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Rajesh Kumar Parmar, Advocate.
For the Respondent: Mr. Hemant Vaid, Additional Advocate
General with Mr. Vikrant Chandel, and
Mr. Yudhveer Singh Thakur, Deputy
Advocate Generals.
ASI Keshav Ram, P.S Kandaghat.
Sureshwar Thakur, J (oral)
The instant petition stands instituted by the petitioner/bail applicant under Section 439 Cr.P.C, for his being ordered to be released from judicial custody, wherein he is extantly lodged, for his allegedly committing offences punishable, under, Sections 20 and 29 of ND & PS Act, in case FIR No.97 of 2018 of 6.11.2018 registered with Police Station Kandaghat, District Solan, H.P. 1 Whether reporters of the local papers may be allowed to see the judgment?
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2. Mr. Hemant Vaid, learned Additional Advocate .
General, on instructions meted to him by the Investigating Officer, has made a clear submission, before this Court that the quantum of charas/cannabis, as, stood recovered, from, the exclusive possession of the bail applicant hence weighing 1 kg. 505 grams, and, the quantity of purified resin therein, being 31.06% w/w, and, he further submits that after separating/excluding the afore quantum of pure resinous substance, as carried in the afore quantum of charas/cannabis, the quantum thereof, also rather falling within the category of less, than, commercial quantity thereof.
Consequently, when the pure resinous substance, as found, in the total haul of the contraband, falls within the category of less, than commercial quantity or intermediate quantity thereof, (i) hence bearing in mind the afore parameter, this Court is constrained to, afford facility of bail, visavis, the bail applicant, (ii) given there being no statutory bar against granting of bail qua any relevant item of contraband upon its falling within less than commercial quantity thereof, (iii) moreso when the afore findings are in tandem with a verdict rendered upon Cr.M.P(M) No. 138 of 2019.
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3. Moreover, when also at this stage, no material, has .
been placed on record, by the prosecution, demonstrating that in the event of bail being granted to the petitioner/bail applicant, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, thereupon this Court is constrained to afford, the facility of bail in favour of the petitioner/bail applicant.
Accordingly, the petitioner/bail applicant is ordered to be released from judicial custody, subject to compliance by him with the following conditions::
1. That he shall furnish personal bond in the sum of Rs.5,00,000/ alongwith three sureties each in the like amount, to the satisfaction of learned Special Judge, Solan.
2. That he shall join the investigation, as and when required by the Investigating agency.
3. That he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police.
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5. That he shall deposit his passport, if any, with .
the Police Station, concerned.
6. That in case of violation of any of the conditions, the bail granted to the bail applicant shall be forfeited and he shall be liable to be taken into custody.
7. That upon his reindulging in crime, thereupon the State is at liberty for motioning this Court, for,
4. cancellation of the bail.
Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.
Copy dasti.
15th March, 2019 ( Sureshwar Thakur ),
(priti) Judge.
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